Shelby v. Burtis
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. Peter W. Gray. Suit by appellee against appellants, commenced April 16th, 1855, on two promissory notes, one for §200, and the other for . §1350, and to foreclose a mortgage on four slaves, given to secure the same. Both notes were dated Nov. 16th, 1853 ; the §200 note was due January 1st, 1854, and the other January 1st, 1855 ; payable to the order of Elbridge Walbridge.
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Appeal from Polk. Tried below before the Hon. Peter W. Gray. Suit by appellee against appellants, commenced April 16th, 1855, on two promissory notes, one for §200, and the other for . §1350, and to foreclose a mortgage on four slaves, given to secure the same. Both notes were dated Nov. 16th, 1853 ; the §200 note was due January 1st, 1854, and the other January 1st, 1855 ; payable to the order of Elbridge Walbridge. The mortgage was a coveyance of the slaves in trust to D. D. Moore, with power to sell and pay the notes, if not paid at maturity. The petition alleged that the notes and…
1Opinion of the Court
Hemphill, Ch. J.
The appellants assign that the District Court erred,
1st. In refusing to dismiss the cause.
2d. In overruling demurrer to plaintiff’s petition.
3d. In sustaining plaintiff’s exceptions to answers of defendants.
And the defendant, Rebecca Shelby, separately assigns error in sustaining plaintiff’s exceptions to her separate answer.
As to the first ground, the appellants conceive that this suit should have been dismissed for the reason that a previous suit had been instituted by appellants against Walbridge, to whom the notes were executed, and against Moore, the trustee in the trust…
2Cited by23 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Ramey v. AllisonTexas Supreme Court · 1885
- Magee v. WhiteTexas Supreme Court · 1859
- Davis v. KennedyTexas Supreme Court · 1883
- Kimmell v. TiptonCourt of Appeals of Texas · 1940
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